92 Decision Citation: BVA 92-19586
Y92
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 91-47 126 ) DATE
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THE ISSUE
Entitlement to an increased evaluation for schizophrenia,
undifferentiated type, currently assigned a 30 percent
evaluation.
REPRESENTATION
Appellant represented by: American Red Cross
ATTORNEY FOR THE BOARD
K. Hudson, Associate Counsel
INTRODUCTION
The veteran had active service from January 1943 to April
1946.
This matter came before the Board on appeal from a rating
decision of July 1991 from the Philadelphia, Pennsylvania,
Regional Office (RO). The veteran's notice of disagreement
was received August 22, 1991, the statement of the case was
issued September 20, 1991, and the substantive appeal was
received October 7, 1991. The case was received at the
Board of Veterans' Appeals on October 30, 1991, and docketed
the following day. It was referred to the veteran's repre-
sentative throughout this appeal, the American Red Cross, on
November 4, 1991, and that organization submitted additional
written arguments to the Board on March 23, 1992. There-
after, the case was referred to a section of the Board for
appellate consideration.
REMAND
Initially, we note that the veteran has presented a well-
grounded claim, and, therefore, the Department of Veterans
Affairs (VA) has a statutory obligation to assist the
veteran in the development of his claim. 38 U.S.C. § 5l07(a)
(1992). As pointed out by the veteran's representative, the
veteran has not had a VA examination for compensation
purposes since November 1988. He claims, in essence, that a
number of medically stressful events, such as surgery for a
malignant tumor of the lung performed in June 1989, a
hospitalization in 1990 following a fall, and loss of vision
in the right eye occurring in July 1991, have resulted in
an increase in the severity of his service-connected
psychiatric disability. His representative has urged that
an examination be scheduled, and we agree that a current
examination should be scheduled to assist the veteran in the
development of his claim as required by 38 U.S.C. § 5107.
Furthermore, VA mental hygiene clinic records indicate the
veteran continues to be treated, and recent records of this
treatment should be obtained.
Accordingly, this case is REMANDED for the following:
1. Copies of the veteran's VA mental
hygiene clinic records of treatment dated
from April 1991 to the present should be
obtained.
2. The veteran should be scheduled for a
special VA psychiatric examination, to
determine the current severity of the
veteran's service-connected schizo-
phrenia. Any indicated studies should be
undertaken, and all findings should be
reported in detail. The claims folder
must be made available to the examiner
prior to the examination, in order to
facilitate an examination of the veteran
in light of the whole recorded history,
as required by 38 C.F.R. §§ 4.1, 4.2,
4.10, and 4.130 (1991).
Following the completion of the above requested development,
the originating agency should review the additional
evidence, in light of the total history of the disability,
including service medical records, with consideration of all
potentially applicable regulations, as discussed in
Schafrath v. Derwinski, 1 Vet.App. 589 (1991). If the
decision remains adverse to the veteran, he and his
representative should be furnished a supplemental statement
of the case and afforded an opportunity to respond. The
case should then be returned to the Board for appellate
consideration, if otherwise in order.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
*
(Member temporarily absent) PAUL M. SELFON, M.D.
LAWRENCE M. SULLIVAN
(CONTINUED ON NEXT PAGE)
*38 U.S.C. § 7102(a)(2)(A) (1992) permits a Board of
Veterans' Appeals Section, upon direction of the Chairman of
the Board, to proceed with the transaction of business
without awaiting assignment of an additional Member to the
Section when the Section is composed of fewer than three
Members due to absence of a Member, vacancy on the Board or
inability of the Member assigned to the Section to serve on
the panel. The Chairman has directed that the Section
proceed with the transaction of business, including the
issuance of decisions, without awaiting the assignment of a
third Member.
Under 38 U.S.C. § 7252 (1992), only a decision of the Board
of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of
a preliminary order and does not constitute a decision of
the Board on the merits of your appeal.